If the other party has no patent for appearance or technology, imitation generally does not constitute infringement; The General Administration of Trademarks in Beijing can inquire about the situation of trademark applications throughout the country. If you want to apply for a trademark, you can handle business in the local intellectual property office, and you can check whether the General Administration of Trademarks has a trademark that meets the application through the Internet.
Foreign trademark is not registered in China, which does not constitute infringement; Well-known foreign trademarks are basically registered in China. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility.
Sticking one's own trademark by imitating the style of others belongs to using a trademark similar to its registered trademark on similar goods, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. Therefore, if the other party complains or sues, it may also be ruled as infringement.
Extended data:
In a trademark infringement case, the defendant commits the infringement alone, and the plaintiff only sues the defendant for the infringement. The plaintiff can only choose the court where the defendant has his domicile or where the infringement occurred, and other courts have no jurisdiction. When judging tort compensation, the plaintiff can only file a lawsuit against the defendant's tort, and the defendant is only liable for his own tort.
However, if the plaintiff brings a lawsuit against several related defendants on the grounds of trademark infringement, and the infringement of several defendants does not show the same intention or the same fault, the situation will become complicated.
For example, Defendant 1 specializes in printing and selling various trademark logos, Defendant 2 buys infringing trademark logos and manufactures infringing products for sale, Defendant 3 buys infringing products produced by Defendant 2 and wholesales them to other retailers. Before wholesaling, Defendant 4 is entrusted to store and Defendant 5 is entrusted to transport them.
If the above five defendants are located in five different regions and belong to different courts, then the plaintiff can sue five defendants at the same time in the court where any defendant lives, and of course, he can also choose a court with jurisdiction to sue one of them. The right to choose the defendant shall be exercised by the plaintiff.
Baidu encyclopedia-infringing trademark